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SDCM71-323: Expert Witness and Dispute Resolution

Description

Project participants need to understand the legal context within which they make decisions and perform actions, as frequently disputes can arise that require resolution and/or expert opinion. Project quality and environmental management provide a convenient instance where disputes and the need for expert testimony can arise, and are examined here in the context of project closure, including lessons learnt, standards, continuous improvement and client satisfaction. A general appreciation of international legal principles informed by case law forms an important backdrop to the subject. Practitioners must understand the limitations of their involvement in legal proceedings and be familiar with the conduct of procedures that commonly take place, including alternative dispute resolution such as arbitration and mediation. A moot court environment is used to demonstrate the experience of appearing in a formal hearing, and students are asked to also prepare or critique an expert report related to an example of ‘defective’ work or service that is the subject of a contractual dispute.

Subject details

TypePostgraduate
CodeSDCM71-323
EFTSL0.125
FacultyFaculty of Society & Design
Semesters offered
  • May 2020 [Standard Offering]
  • September 2020 [Standard Offering]
  • May 2021 [Non-Standard Offering - Weeks 5 & 10]
Credit10
Study areas
  • Architecture and Built Environment
Subject fees
  • Commencing in 2020: $5,140
  • Commencing in 2021: $5,320

Learning outcomes

1. Show competency in project quality and environmental management.
2. Explore continuous process improvement strategies for avoiding disputes.
3. Specify quality and/or environmental standards in a contractual setting.
4. Prepare or critique an expert report based on a dispute over standards.
5. Demonstrate an understanding of legal recourse to conflict on projects.

Enrolment requirements

Requisites: ?

Nil

Restrictions: ?

Nil

Subject outlines

Subject dates

Non-Standard Offering - Weeks 4 & 9Non-Standard Offering - Weeks 5 & 10
Enrolment opens14/07/201914/07/2019
Semester start09/09/201909/09/2019
Subject start30/09/201907/10/2019
Cancellation 1?11/10/201917/10/2019
Cancellation 2?13/10/201919/10/2019
Last enrolment09/10/201915/10/2019
Withdraw – Financial?21/10/201926/10/2019
Withdraw – Academic?03/11/201907/11/2019
Teaching census?20/10/201925/10/2019
Standard Offering
Enrolment opens15/03/2020
Semester start25/05/2020
Subject start25/05/2020
Cancellation 1?08/06/2020
Cancellation 2?15/06/2020
Last enrolment07/06/2020
Withdraw – Financial?20/06/2020
Withdraw – Academic?11/07/2020
Teaching census?19/06/2020